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Got Milk?

Today, DOL published in the Federal Register a final rule on the temporary agricultural employment of H–2A foreign workers in the field of herding and production of livestock on the range. The rule is effective on November 16, 2015, and implements a new wage methodology with a two-year transition period during 2016 and 2017, and full implementation beginning in 2018

Problem with PERM electronic inputting system

DOL posted an alert stating that on September 1, 2015, an update to the PERM case management system caused an unexpected programming glitch to occur, as a result of which, certain information could not be entered on the form. Until the revisions become operational, if you cannot complete and file an ETA Form 9089 online, you should mail in the application to the Atlanta National Processing Center.

DOL Announces Change in Signature on Approved Labor Certifications

The Labor Department alerts stakeholders that, effective immediately, permanent and temporary labor certifications will no longer display the electronic signature of the Office of Foreign Labor Certification (OFLC) Acting Administrator William W. Thompson II. Instead, the electronic signature on approved applications under the permanent and temporary visa programs will be shown as “Certifying Officer.”

Proposed rule that would Re-engineer the H-2B Labor Certification Process

DOL notice of a forthcoming proposed rule that would re-engineer the H-2B labor certification process to enhance transparency and strengthen program integrity and worker protections. The public may comment on the proposed rule when it is published in the Federal Register.

GAO report for new H-1B workers

GAO report finding that demand for new H-1B workers tended to exceed the cap from 2000 to 2009, and that reforms are needed to minimize the risks and costs of the H-1B program. GAO recommends that DHS and DOL work to improve the efficiency and monitoring of the program.

H-2A back pay/civil penalty case

In an H-2A back pay/civil penalty case, the ARB found that the ALJ erred in taking administrative notice of respondent’s prior discovery abuse because the noticed facts were not generally known or verifiable. (Matter of Global Horizons Manpower, 12/21/10)

PERM and iCERT systems are currently down

PERM and iCERT systems are currently down. DOL is aware of the problem.

Rule Revising the H-2 B Labor Certification

The Department of Labor (DOL) notice of a forthcoming proposed rule that would re-engineer the H-2B labor certification process to enhance transparency and strengthen program integrity and worker protections. The public may comment on the proposed rule when it is published in the Federal Register.

Department of Labor (DOL) guidance for advertising

The Department of Labor (DOL) guidance for advertising when the employer is advised to place the ads in a newspaper that no longer runs ads for three consecutive days.

Issuing U Nonimmigrant Status Certification

DOL Secretary’s Order 5-2010 delegating authority to the WHD Administrator to issue U Nonimmigrant Status Certification and carrying out INA provisions relating to enforcement of labor condition applications for employment of H-1B, H-1B1 and E-3 visas.

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